GBK 432 125 Business Law - Texas A&M University

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GB 432 – Spring 2014
GBK 432-125 – Business Law I
Online –Summer 2014
Instructor: Sait Reese Tarhan, J.D
Office Location: remote
Office Phone: 513-295-1439
Cell Phone: 513-295-1439 (Please call after 9AM and before 10:00PM.) EST
E-mail: srtarhan@ct.tamus.edu or through Blackboard (BB) email
Office Hours: I am off campus and a remote instructor. This does not mean I am “remote” from you in
terms of being unavailable, though! You may certainly call me but try to communicate with emails
FIRST (so we have a record) OR by checking out the class site for answers.
Don’t hesitate to shoot me an email. I check my email several times a day during the work week and
generally couple of times a day on weekends. I will respond to all email within 24 hours if I’m not
traveling. I will make an announcement on BB if I will be out of contact for an extended period of
time.
Mode of instruction and course access
This course is a 100% online course and uses TAMUCT’s Blackboard system (referred to by me
hereafter as BB). http://tamuct.blackboard.com The instructions in section 8 of this syllabus
will assist you with gaining access and technical support. Once you are in BB, there is tab on the
left labeled “Online Learning” that will have additional BB resources if you are unfamiliar with
BB. Though no specific legal knowledge is required as a prerequisite to this course (only junior
standing per the catalog), it will be essential that you have a familiarity with the use of Power
Point, Microsoft Word, the Internet, copying and pasting information and attaching documents
at a minimum.
Note, some files that students may open are larger but do open fairly quickly, generally, though using
Google Chrome to access them has been problematic in the past. Always try to use a reliable
computer with a reliable connection for activities, especially exams!
Also, any PDF files may take a few moments to open . Be patient. You may only see a plain
background as they load..
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GB 432 – Spring 2014
1.0 Course Description
The study of the basic, though it may not seem that way, principles of law relating to law and ethics, the
judicial system, constitution, tort and criminal law, common law contracts, the laws of sales, warranties and
banking.
2.0 Overall Course Objective
To acquire basic knowledge of the legal system and laws critical for the operations of a business will be the
core of this course. This course is the first course of two courses directed at providing coverage of the legal
environment facing business organizations in today’s society. This course is required for most majors within
the School of Business Administration.
2.1 Course Level Objectives (CLO’s)
At the conclusion of the course, the student should be able to, at an acceptable level per the grading scale
found in syllabus section 5.0 (Minimum of 715 total points):
1. Explain the impacts of the Constitution and Judiciary on business law. (Chapters 1 and 2 – Week 1
2. Recognize when a tort has been committed and discuss the ways an individual’s rights may be
enforced. (Chapters 3 and 4 - Week 2
3. Classify violations of one’s intellectual property rights, as well as crimes committed against them.
(Chapters 5 and 6 – Week 3
4. Describe what constitutes ethical behavior and is required for a legally enforceable contract.
(Chapters 8, 9 and 10 – Week 4
5. Identify when a contract must be in writing, is supported by legally sufficient consideration, and
when a contracting party has capacity to contract. (Chapters 11, 12 and 14 – Week 5
6. Indicate the level at which a contract has been performed and discuss the remedies for a breach.
(Chapters 15 and 16 – Week 6
7. Apply the provisions of the UCC to contract situations and recognize breaches of duties with
warranties and products liability. (Chapters 18, 19 and 21 – Weeks 7
8. Explain the requirements of and liabilities surrounding negotiable instruments. (Chapters 22 and 23Week 8.
2.2 Weekly (Module) Learning Outcomes (WLO’s):
At the conclusion of the course the student should be able to, at an acceptable level per the grading scale
found in syllabus section 5.0:
1. Define and classify a law according to its type.
2. Explain the concepts of legal precedence and stare decisis.
3. Identify the different types of judicial opinions and analyze a Supreme Court case . Explain
the applicability of the Commerce Clause on businesses.
4. Explain the concept of preemption with regards to the Supremacy Clause .
5. Contrast the situations where speech is protected and unprotected under the 1st Amendment .
6. Locate sources of law and legal information useful in their daily lives.
7. Recognize when a court may properly exercise jurisdiction .
8. Demonstrate comprehension of the trial process .
9. Compare and contrast the various methods of dispute resolution .
10. Define negligence and identify situations where it has occurred .
GB 432 – Spring 2014
11. Classify torts according factual examples .
12. Identify and recognize the differences between trademarks, patents, copyrights and trade
secrets.
13. Discuss the potential criminal liability of corporations and their officers . Demonstrate the
ability to properly classify crimes based on factual scenarios.
14. Identify proper defenses to criminal liability, including Constitutional safeguards . Describe
the differences between ethics and law.
15. Compare duty based and outcome based ethical decision making.
16. Identify the required element to form a valid contract
17. Classify a contract according to its type.
18. Indicate the requirements/circumstances for an effective offer, acceptance, revocation and
rejection .
19. Recognize when consideration is legally sufficient .
20. Explain, using factual scenarios, why a contract is or is not supported by sufficient
consideration.
21. Critique a fact pattern to determine if promissory estoppel is appropriate .
22. Analyze a contractual situation to determine if the parties had capacity and their contractual
liabilities if they did not
23. Explain the enforceability of a covenant not to compete and exculpatory clause.
24. Indicate when a mistake may provide a legal excuse to contract performance..
25. Identify if fraudulent misrepresentation has occurred .
26. Choose when a contract is subject to the statute of frauds .
27. State when the parol evidence rule applies.
28. Identify when conditions impact contractual obligations .
29. Classify the level to which a contract has been performed, including what constitutes a
breach of contract .
30. Explain the situations when contracts may be discharged .
31. Discuss and identify the remedies available for breach of contract .
32. Differentiate between an assignment and a delegation .
33. Recognize when Article 2 of the Uniform Commercial Code is applicable to a sales
transaction .
34. Differentiate between the UCC and the Common Law .
35. Identify who a merchant is and their responsibilities in sales situations .
36. Evaluate and discuss when title, risk of loss effectively passes from seller to buyer .
37. Explain the implications of a good faith purchaser and the entrustment rule .
38. Indicate when an express or implied warranty arises in a commercial context.
39. Discuss the legal requirements for products liability and potential defenses for companies in
a products liability suit .
40. Identify when an instrument is negotiable .
41. Contrast the different types of endorsements .
42. Describe what a holder in due course is and their rights .
43. Identify the different types of checks .
44. Describe the responsibilities for payment and honoring checks in various situations that may
arise .
45. Discuss the check clearing process .
Objectives Disclaimer: The above are simply the main focus areas, but they are by no means the only
sources of where HW or Exam questions may come from. All material both in the Text and Audio
Lectures is fair game for assessment.
GB 432 – Spring 2014
3. 0 Textbook and Required Materials
Business Law Today: Comprehensive Edition, Gaylord A Jentz and Robert Miller, 9th Ed. – ISBN – 978-0538-45280-9 This is also the same text that we will also use for Business Law II through the summer of
2014. Note: A student of this institution is not under any obligation to purchase a textbook from a
university-affiliated bookstore. The same textbook may also be available from an independent
retailer, including an online retailer.
If your book is going to be delayed, you might look into at least purchasing e-chapters to stay up to date.
E-Chapter Link
4.0 Course Requirements
The assessments below will measure the Course Level Objectives and Weekly Learning Outcomes
stated above that correspond to the material covered in that assignment or exam. In some instances,
a particular outcome may be assessed by multiple methods, ex. Homework and an exam question.
The exact corresponding CLO’s and WLO’s will be stated with the instructions for each assessment.
1. Journal Postings – 40 Points (5 points each) – In each module, you will be required to reflect on what you
have learned for that module period and summarize your learning:
In order to receive full credit, you must at least (1) thoughtfully reflect on what you learned on this past
module or found interesting in at least 100 words. You may access the Journals through the blue link on the
left side of BB titled “Post Journal Here!” or via the link in that module’s content folder. The link for each
module’s journal will open for the time period that it is due and a couple of days after so that you can see my
comments. Each Journal entry will only consider material scheduled to be covered in that module (which will
be a period of one week for each module for this summer semester) per the syllabus and contained in that
modules’ content folder .Type response in the text box and do not attach your journal in a Word
document. Finally, your entry must be comprehensible, thus grammar can affect your score if I am
struggling to understand what you are trying to say.
2. Getting to Know the Law Assignment (GTKL) – 50 Extra Credit points - The assignment is posted in its
own named tab on the left hand side of the page in BB and also available via a link in the Module 3 Content
Folder. If you’re looking to get ahead or for work to do if you don’t have your book yet, this would be one
assignment you can do now. This assignment generally has very high grades, but also takes quite a bit of
time to complete.
3. Discussions – 60 points (20 points each) - You will be required to contribute and participate in three
discussions board “segments” throughout the semester. The exact REQUIREMENTS for each discussion
segment may be found in the “Discussion Instructions and Submission Location” section on the left
side of BB. Note, when you post to each board you will have to submit an original 100 word answer and
then respond to other students. There are a minimum number of posts you will need to make to EACH board
so make sure to read the instructions carefully.
GB 432 – Spring 2014
4. Homework Assignments – 400 total points (100 points each)- All four homework assignments will be
posted in “Homework Instructions and Submission Location” section/tab on Blackboard and the
completed work must be submitted there in a Microsoft Word document (.doc or .docx It will be -4.5 points
if I have to kick it back or email you for improper file format). Black links to the assignments will also be
available in the content folder for each week. I will have each HW assignment graded before you take your
exam along with necessary feedback. For full credit, you must use proper text or note terminology in your
responses.
5. Exams – 2 exams (a midterm given in week five covering the first half of the course and a
comprehensive final in week eight covering the entire course) comprising 200 Points of your grade each
(200 points combined, 100 points each) –You must schedule around the available time window. If there is
an unavoidable conflict, you must let me know ahead of time, not after. I may allow a make-up, but even
then, it may be an entirely differently structured exam (all essay, for instance) . You should bring exam
issues to me when they arise. Exams may be comprised of multiple choice, T/F, matching and short answer
questions at my discretion. They will likely be objective questions.. For full credit on essay-type questions
(if there are any), you must use the proper vocabulary from the text and lectures.
You will have 100 minutes to complete each online examination.. I will post MORE INFORMATION
ABOUT EXAMS as we get into the course. Obviously you may use your text and notes to assist you, but
you may not use another person’s help or the internet. With a timed exam, it will not be easy to
“cheat” in that way, NOT THAT ANYONE WOULD.
If you fail to take an exam without notifying me prior to the exam window, the window will CLOSE
and you will have to contact me with excuses. I am not keen on excuses ex post facto (after the fact).
5.0 Grading Scale
******Note the C, D, and F
Your grade is determined by the total number of points earned during the semester.
Journals: 40 points
Discussion Boards: 60 points
Homeworks: 400 points
Exams: 200 points
Extra credit assignment worth 50 points
A= 630-700 points (Excellent)
B= 560-629 points (Good)
C=490-559 points
(Acceptable)
GB 432 – Spring 2014
D=420-489 points
(Needs significant improvement)
F= Below 420 points (Unacceptable)
At the end of the semester, if a grade is at the “.5” mark or higher I will raise you to the next letter
grade up. For instance, if your score was 89.6% out of 100, I would raise that to a 90% and you would
receive an A. Because you were at that .5 % threshold or above.
6.0 Other Grade Issues
My Grading Policy: I will try to have all homework graded the day after it is due and most likely before an
exam window covering that material opens. Please be patient with return of assignment grades, though.
There is a lot to read through. I do grade thoroughly and try to provide feedback where feasible, especially on
HW assignments. Exams will hopefully be graded within 48 hours of the exam windows closing. Your
grades are always posted and available in the Blackboard Gradebook on the left side of our BB course.
Late work penalties:
1. Journals and Discussions – NO credit will be given for late postings/submissions.
2. Homework Assignments – If you miss the exact deadline, and it is turned in within one week of
the original deadline, you will lose up to 25% of the points available for that assignment
Assignments not received within one week of the original deadline will not be graded.
3. Again, if you fail to take an exam without notifying me prior to the exam window, you can
score no higher than the lowest grade a class member received who took it on time and only if I
feel the excuse warrants allowing a make-up.
*****There is one bonus assignment posted on the left hand side of BB under its
own title. Note that you are ineligible for bonus credit if you have three or more
missing or late assignments, including journals and discussions without my
approval of extenuating circumstances.
Our weeks will begin on Tuesdays and end on the following Mondays (just the
way this summer semester is set out) – All assignments are due as stated below.
Pay attention, as there are multiple things due many weeks! All times are
Central Stand. Time!
GB 432 – Spring 2014
Module 1 – June 3rd –June 9th 1. Read: a. Syllabus, b. Ch 1 Legal Environment, c. Ch 2 Constitutional
Law, and d. Ch 3 - Courts and ADR
2. Post to FIRST GROUP OF DISCUSSION QUESTIONS (you will
have two full weeks to contribute to these questions)
3. Submit Journal Entry #1 by 11:59PM (23:59) on Monday of week
one.
4. Complete the Readiness for Online Learning Assessment posted in a
word document in the “Online Learning Resources/Assistance” folder
on the left hand side of BB if you have not done so for another class
previously. You do not need to email me the results.
Module 2 – June10th-June 16th 1. Read: a. Finish Ch 3 Courts and ADR and b. Ch 4Torts
(Lots of work here!)
2. Submit HW#1 by 11:59PM (23:59) by Monday of week two.
3. Post Journal Entry #2 by 11:59PM (23:59)
on Monday of week two.
4. CONTINUE POSTING TO THE FIRST GROUP OF DISCUSSION
QUESTIONS this week, making sure you have posted to each board by
Monday, June 16th at midnight.
Module 3 – June 17th-June 23rd 1. Read: a. Ch 5 Intellectual Property and b.Ch 6 Criminal Law
2. Post Journal Entry #3 by 11:59PM (23:59) by Monday, June 23rd, of
week three.
(bit of a breather this week)
3. Post to the SECOND GROUP OF DISCUSSION QUESTIONS (you
will have two full weeks to participate in these questions)
Module 4 – June 24th-June 30th 1. Read: a. Ch 8 Ethics b. Ch 9 Nature and Classification and c. Ch 10
Agreement (Ignore E-Contract Issues)
2. Submit HW#2 by 11:59 PM (23:59) by Monday of week four
(Lots of work here!)
3. Post Journal Entry #4 by 11:59PM (23:59) by Monday of week four
4. CONTINUE POSTING TO THE SECOND GROUP OF
DISCUSSION QUESTIONS this week, making sure you have posted to
each board by Monday, June 30th, at midnight
MIDTERM WEEK
Module 5 – July 1st-July 7th
Module 6 – July 8th-July 14th
(Lots of work here!)
1. Read a. Chapter 11 Consideration b. Ch 12 Capacity c. Ch 13 Consent
and d. Ch 14 Statute of Frauds
2. Post to the THIRD GROUP OF DISCUSSION QUESTIONS (you
will have until the end of the course to participate in these questions)
3. Post Journal Entry #5 by 11:59PM (23:59) on Mondayy of week five
1. Read: a. Ch 15 Performance b. Ch 16 Breach and c. Ch 17 3rd Party
Rights
2. Submit HW#3 by 11:59 PM (23:59) on Monday of week six.
3. Post Journal Entry #6 by 11:59PM (23:59) on Monday of week six.
GB 432 – Spring 2014
4. CONTINUE POSTING TO THE THIRD GROUP OF DISCUSSION
QUESTIONS this week.
Module 7 – July 15th-July 21st 1. Read: a. Chapters 18 and 19 (UCC) and b. Ch 21 Warranties and
Products Liability
2. CONTINUE POSTING TO THE THIRD GROUP OF DISCUSSION
QUESTIONS this week.
3. Post Journal Entry #7 by 11:59PM (23:59) by Monday of week seven.
FINAL WEEK
(note, the final week is a bit SHORTER)
Module 8 – July 21st-July 25th 1. Read: a. Ch 22 Negotiable Instruments and b. Ch 23 Checks and Banking
2. Bonus assignments must be submitted on BB by 11:59PM (23:59) on
Wednesday July 23rd
3. Submit HW#4 by 11:59 PM (23:59) on Wednesday, July 23rd.
4. NEW TIME - Complete FINAL EXAM BY WEDNESDAY, JULY
23rd at midnight, 11:59 pm. (so any last minute wrap up issues can be
dealt with)
5. Post final Journal Entry #8 by 11:59 PM (23:59) by Wednesday of
week eight, July 23rd.
6. FINISH UP POSTING TO THE THIRD GROUP OF DISCUSSION
QUESTIONS THIS WEEK, making sure you have posted to each of
them by Wednesday night at midnight, July 23rd.
8.0 TECHNOLOGY REQUIREMENTS AND SUPPORT
8.1 Technology Requirements
This course will use the new TAMU-CT Blackboard Learn learning management system for
class communications, content distribution, and assessments.
Logon to https://tamuct.blackboard.com to access the course.
Username: Your MyCT username (xx123 or everything before the "@" in
your MyCT e-mail address)
Initial password: Your MyCT password
For this course, you will need reliable and frequent access to a computer and to the Internet.
You will also need a headset with a microphone or speakers and a microphone to be able to
listen to online resources and conduct other activities in the course. If you do not have
frequent and reliable access to a computer with Internet connection, please consider dropping
this course or contact me (youremail and phone number) to discuss your situation.
Blackboard supports the most common operating systems:
PC: Windows 8, Windows 7, Windows Vista
Mac: Mac OS X Mavericks
GB 432 – Spring 2014
NOTE: Computers using Windows XP, Windows 8 RT and OS X 10.6
or lower are NO longer supported
Check browser and computer compatibility by following the “Browser Check” link on the
TAMU-CTBlackboard logon page. (https://tamuct.blackboard.com) This is a CRITICAL step
as these settings are important for when you take an exam or submit an assignment.
Upon logging on to Blackboard Learn, you will see a link to Blackboard Student Orientation
under My Courses tab. Click on that link and study the materials in this orientation course.
The new Blackboard is a brand-new interface and you will have to come up to speed with it
really quickly. This orientation course will help you get there. There is also a link to
Blackboard Help from inside the course on the left-hand menubar. The first week of the
course includes activities and assignments that will help you get up to speed with navigation,
sending and receiving messages and discussion posts, and submitting an assignment. Your
ability to function within the Blackboard system will facilitate your success in this course.
Technology issues are not an excuse for missing a course requirement – make sure
your computer is configured correctly and address issues well in advance of
deadlines.
8.2 Technology Support
For technological or computer issues, students should contact Help Desk Central. 24 hours a
day, 7 days a week:
Email: helpdesk@tamu.edu
Phone: (254) 519-5466
Web Chat: http://hdc.tamu.edu
When calling for support please let your support technician know you are a
TAMUCT student.
For issues related to course content and requirements, contact your instructor.
9.0 Drop Policy
If you discover that you need to drop this class, you must go to the Records Office and ask for the
necessary paperwork. Professors cannot drop students; this is always the responsibility of the
student. The record’s office will give a deadline for which the form must be returned, completed,
and signed. Once you return the signed form to the records office and wait 24 hours, you must go
into Duck Trax and confirm that you are no longer enrolled. If you are still enrolled, FOLLOW-UP
with the records office immediately. You are to attend class until the procedure is complete to avoid
penalty for absence. Should you miss the deadline or fail to follow the procedure, you will receive
an F in the course.
10.0 Academic Honesty
GB 432 – Spring 2014
Texas A&M University - Central Texas expects all students to maintain high standards of personal
and scholarly conduct. Students guilty of academic dishonestly are subject to disciplinary action.
Academic dishonesty includes, but is not limited to, cheating on an examination or other academic
work, plagiarism, collusion (working together), and the abuse of resource materials, including
faculty designated resources. The faculty member is responsible for initiating action for each case of
academic dishonestly. More information can be found at www.ct.tamus.edu/StudentConduct.
All work in this course is individual (including Homework). You may get the
rare/occasional assistance from other students about where you found certain
information/answers, but I don’t want to see close/identical answers. I have a pretty good eye
for this, as my memory is pretty good! If you need help, ask me! Any instance of academic
dishonesty will result in an F in my course. I have taught this course long enough that I can
tell if you are collaborating or not, despite the fact that your answers may differ slightly. Also,
you may not use the internet to look up exam questions. You’re much better off sticking to the
text and notes….just trust me!
11.0 Disability Services
If you have or believe you have a disability and wish to self-identify, you can do so by
providing documentation to the Disability Support Coordinator. Students are encouraged to
seek information about accommodations to help assure success in their courses. Please
contact Vanessa Snyder at (254) 501-5836 or visit Founder's Hall 114. Additional information
can be found at http://www.tamuct.edu/departments/disabilitysupport/index.php.
12.0 Tutoring
Tutoring is available to all TAMUCT students, both on-campus and online. Subjects tutored include
Accounting, Finance, Statistics, Mathematics, and Writing (APA). Tutors are available at the
Tutoring Center in Founder's Hall, Room 204, and also in the Library in the North Building. Visit
www.ct.tamus.edu/AcademicSupport and click "Tutoring Support" for tutor schedules and contact
info. If you have questions, need to schedule a tutoring session, or if you're interested in becoming a
tutor, contact Academic Support Programs at 254-501-5830 or by emailing
cecilia.morales@ct.tamus.edu.
Chat live with a tutor 24/7 for almost any subject on your computer! Tutor.com is an online tutoring
platform that enables TAMU-CT students to log-in and receive FREE online tutoring and writing
support. This tool provides tutoring in Mathematics, Writing, Career Writing, Chemistry, Physics,
Biology, Spanish, Calculus, and Statistics. To access Tutor.com, click on www.tutor.com/tamuct.
13.0 Library Services
INFORMATION LITERACY focuses on research skills which prepare individuals to live and work
in an information-centered society. Librarians will work with students in the development of critical
reasoning, ethical use of information, and the appropriate use of secondary research techniques.
Help may include, yet is not limited to: exploration of information resources such as library
collections and services, identification of subject databases and scholarly journals, and execution of
effective search strategies. Library resources are outlined and accessed at
http://www.tarleton.edu/centraltexas/departments/library/
GB 432 – Spring 2014
14.0 Other Important Notes and Considerations
1. I will email you through BB which goes to your myCT email accounts by default. You may be
able to change your email address via the preferences section and “edit personal information”
when you first log into Bb.
2. Respect the thoughts and opinions of your classmates. We may not agree on everything, but
everyone, generally, has the right to be heard in my classroom (Blackboard for this one). I want
everyone to feel comfortable to share their thoughts on a subject, even if others may disagree.
3. I reserve the right to make reasonable alterations to the course calendar and syllabus as
provided here. It is a guide, not a hard and fast rule. Changes will only be made that benefit
the class as a whole.
15.0 Being an Online Student
Online courses require a great deal of self discipline. The biggest issue impacting grades I
have seen with my courses is turning in all work when it is due. This syllabus previously
stated that there are definitive penalties when work is not completed or completed on
time. The course calendar will likely not change, so note when all things will happen and
plan accordingly from the beginning.
GB 432 – Spring 2014
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